Extradition Judgment: Julian Assange and Swedish Prosecution Authority, November 2, 2011

November 2, 2011

Wikileaks founder Julian Assange has lost his appeal against extradition to Sweden. In its Judgment today the High Court held that Mr. Assange should be extradited to Sweden.

Julian Assange -v- Swedish Prosecution Authority summary

Julian Assange -v- Swedish Prosecution Authority approved judgment

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


WikiLeaks’s Assange to Get U.K. Appeal Ruling on Extradition

November 1, 2011

Julian Paul Assange, founder of the anti-secrecy website WikiLeaks, will find out tomorrow, November 2nd, if the U.K. Court of Appeal backs his extradition to Sweden to face rape claims almost 11 months after he was arrested in London.

Assange, 40, has argued that the case is politically motivated and that the sex, with two women who let him stay in their apartments, was consensual. The Australian has been under police surveillance at a friend’s mansion in Suffolk, England, since shortly after being detained on Dec. 7, 2010.

The alleged misconduct was revealed as WikiLeaks was being condemned by U.S. authorities for posting thousands of classified military and diplomatic communications. WikiLeaks temporarily suspended its operations last month to raise money during what it called a U.S. “financial blockade.” Visa Europe Ltd., MasterCard Inc., American Express Co. and eBay Inc.’s PayPal halted payments to the site, Assange says.

“Extradition appeals are an uphill task — there are so many limitations on what you’re able to do with a defense,” said Dan Hyde, a lawyer with Cubism Law in London. “It would be a significant victory for Assange if he’s successful.”

Assange is accused of failing to use a condom in one incident and having sex with a woman who was sleeping, in another in August 2010. The alleged crimes, for which no charges have been filed, took place in Stockholm and Enkoeping, Sweden, while Assange was lecturing to supporters about the publication of U.S. military documents.

Lawyer Change

The extradition was ordered in February by Judge Howard Riddle in London, prompting lawyers to question the strategy of Assange’s legal team, which had labeled Swedish prosecutor Marianne Ny as a “radical feminist.” Assange replaced his lawyers in July.

During the February hearing, Assange’s lawyers introduced evidence of mistakes by Ny in the arrest process and questioned the political motivation of her and other prosecutors.

Assange’s appeal was argued by Gareth Peirce, who in 2005 represented the family of a Brazilian electrician who was shot and killed by London police after being mistaken for a suicide bomber. She also assisted at least three British men who were arrested by U.S. forces in Afghanistan and held in Guantanamo Bay, Cuba. In July, Pierce said any ruling from the Court of Appeal can be brought to the U.K. Supreme Court.

Pierce wasn’t immediately available to comment before the hearing.

A rape sentence in Sweden normally leads to between two and six years in prison. A “serious” case, which involves violence and threats, has a maximum sentence of 10 years. A “less serious” case has an upper limit of four years, Sweden’s Deputy Director of Public Prosecution said last year.

Assange, born in Townsville, Australia, began as a computer hacker in his native country and pleaded guilty in 1996 to 24 counts of violating the Crimes Act by accessing and inserting information into computers, including those of Nortel Networks Corp. He received a fine and three years probation.

This article was written by Erik Larson and published by Bloomberg Businessweek on November 01, 2011.

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Judgment due next week in Assange extradition case

October 27, 2011
Wikileaks' Julian Assange
© Jillian Edelstein For Forbes

Associated Press (AP) on October 27, 2011 released the following:

“By DAVID STRINGER

LONDON (AP) — WikiLeaks founder Julian Assange will learn next week of the verdict in his fight against his extradition to Sweden to answer allegations of sexual misconduct, the organization said Thursday.

WikiLeaks staffer Joseph Farrell said that Britain’s High Court had informed Assange it will deliver judgment on his appeal on Nov. 2,

“The court told us. We have no further details,” Farrell said in a text message.

In February, a judge ruled that Assange should be extradited to Sweden to face allegations of rape and sexual molestation against two women. Lawyers for Assange filed an appeal at the High Court, and insist the activist would not receive a fair trial.

Britain’s Royal Courts of Justice could not immediately be reached to confirm details of next week’s hearing.

Allegations against Assange date back to a visit to Sweden in August 2010, shortly after the activist’s organization had released secret U.S. files on the war in Afghanistan. Assange became involved with two women — one of whom later accused him of coercion and molestation, another of whom alleged that he had had sex with her as she slept.

Swedish prosecutors have not charged Assange with any crime, but have demanded that he returns to Scandinavia to face questions about the case.

Assange, who was briefly detained in prison custody, has been living under curfew at a supporter’s rural mansion in eastern England while he has contested the demand for his extradition.

The activist has been made the subject of an overnight curfew, must wear an electronic tag and report to police daily.

Assange has claimed the Swedish case is being politically manipulated following his organization’s disclosure of classified U.S. documents.

At an appeal hearing in July, Assange’s lawyer Ben Emmerson said that the women involved in the case may have found sex with his client “disrespectful, discourteous or disturbing,” but added that it had been entirely consensual.

Emmerson told that hearing that Assange’s actions wouldn’t be illegal in the context of English law. “The conduct that is complained of would not constitute a crime in this jurisdiction,” he said.

Assange had previously vowed to take his case to Britain’s Supreme Court or the European Court of Human Rights if his appeal is rejected by the High Court.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


WikiLeaks is Not About to Dry Up, Assange Warns

October 20, 2011

WikiLeaks founder Julian Assange on Monday told Latin American media that his organization was far from financially endangered despite sanctions slapped on it by the United States.

Purportedly “our biggest problem is an economic problem related due to that US banking and financial embargo. But we’re not taking this lying down,” Assange told the general assembly of the Inter-American Press Association by teleconference.

“We have been presently in a strong enough cash position to survive entirely on our cash reserves for the past 11 months, and there are not many staff organizations that are in such a strong cash position,” Assange stressed from London where he is living until a court rules on his potential extradition to Sweden.

In a 50-minute speech, he said whistleblowing website WikiLeaks was nowhere near financial Armageddon because “we have thousands of pending disclosures for publications, we have signed contracts with more than 50 media organizations around the world.”

Assange is currently living under stringent bail conditions in Britain, fighting extradition to Sweden where he is wanted for questioning over alleged rape and sexual assault. Assange supporters argue that the United States may seek extradition of Assange once he if he is extradited to Sweden.

This article was published by 9 News on October 18, 2011.

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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We previously discussed the extradition treaty between the United States and Sweden here.

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Debate Over the Reality of Assange’s Extradition to U.S.

February 8, 2011

WikiLeaks founder Julian Assange can’t be turned over to U.S. authorities if he is extradited to Sweden to face questioning over sexual-assault allegations, a former Swedish prosecutor told a U.K. judge.

Sven-Erik Alhem, a former prosecutor who now teaches law, testified it was “quite right” that, once in Swedish custody, the 39-year-old Australian couldn’t then be sent to the U.S., Alhem testified on the second day of Assange’s extradition hearing in London.

It is “my understanding” that Swedish law prevents people brought into the country on such warrants from being sent to another country, he said today when cross-examined by the U.K. prosecutor arguing on behalf of Sweden, Clare Montgomery.

However, according to Article VI of the Supplemental Treaty between the U.S. and Sweden, Swedish authorities have the power to defer extradition to the U.S. until proceedings against Assange in Sweden conclude, or they may temporarily surrender Assange to the U.S. for the purpose of prosecution.

The original treaty between the U.S. and Sweden can be found here.

The key language regarding temporary extradition to the U.S. can be found in Article VI of the Supplemental Treaty between the U.S. and Sweden, found here.

It seems Alhem may have been relying on the language of the original treaty, effectuated in 1963. Yet the Supplemental Treaty, effectuated in 1984, is controlling in this case.

The extradition of Assange to the U.S. is a reality. If the U.S. government formally charges Assange with a federal crime, extradition proceedings would begin between U.S. and Swedish authorities.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Litigation, International Extradition and OFAC SDN Litigation.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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